5-ERG Quote.pdf

Eastern Research Group, Inc 601 Keystone Park Drive, Suite 700

Morrisville, NC 27560 QUOTE

QUOTE TO: QUOTE NUMBER AAM-628

Rachel Edie

Division of Air Quality

Utah Department of Environmental Quality

195 North 1950 West

Salt Lake City, UT 84116

DATE June 26, 2026

ERG MANAGER Julie L. Swift

PHONE (919) 468-7924

E-MAIL julie.swift@erg.com

Services for (including shipment):

• Sampling from approximately 7/19/2026 through 9/29/2026, following the 1-in-6-day sampling calendar, for a total of 10 sampling days

• Compendium Method TO-15/TO-15A analysis (ethylene oxide is not a priority compound)

• Sampler probes

• Shipping included

• Canisters not certified per the NATTS program may be used; however, they will be flagged for any known bias.

Item

Description

Cost per

Sample Total Cost

1 VOC Sample Analysis based on Compendium Method

TO-15A

• Canister Cleaning and Handling.

• Toxics Sample Analysis Using TO-15A with a GC/MS.

• Monthly data validation and reporting

• Shipping included

26 samples per day plus one collocate = 27 samples per day x 10 sampling days + 10% collocated samples =

275 total samples

$553 $152,075

2 Flow Controllers with Timers (Includes shipping)

• 8-hour probes = 12 total (includes 1 spare)

• 16-hour probes = 12 total (includes 1 spare)

• 24-hour probes = 6 total (includes 1 spare)

30 total probes with timers for 2.5 months

$52 $3,900

Shipping for unused canisters due to sampling error

(not included in total costs below) $75

Total $155,975 This quote is valid until July 31, 2026.

EASTERN RESEARCH GROUP, INC.

TERMS & CONDITIONS FOR LABORATORY SERVICES

This CONTRACT is executed by and between EASTERN RESEARCH GROUP

(hereinafter called “ERG”) and Utah Department of Environmental Quality

(hereinafter called “CLIENT”).

STATEMENT OF WORK: CLIENT desires to employ ERG to perform certain laboratory services that will be governed by the terms and conditions of this Contract. The services to be performed are specified in Attachment A, Statement of Work, attached hereto and incorporated herein by this reference. ERG reserves the right to reject samples or packages which do not meet applicable federal, state, or local fire, health, or environmental codes or regulations. ERG will substantially adhere to sample security, preservation, hold times, analysis, quality control, and document control protocols specified in Attachment A and in ERG Laboratory Standard

Operating Procedures prevailing at the time.

TERM: This Contract shall remain in force from _____ until ______.

INDEPENDENT CONTRACTOR: ERG’s relationship to CLIENT is that of an independent contractor and not that of an agent or employee of CLIENT.

Results of laboratory analyses provided by ERG to CLIENT under this agreement shall be for the sole use of CLIENT. Transmission of results of laboratory analyses provided by ERG to third parties shall be done at

CLIENT’s independent discretion. ERG shall not be notified or otherwise informed of the identity, location, or business nature of any third parties to which data provided by ERG under this agreement may be transmitted, nor of the purpose, intent, or ultimate end use of the data provided hereunder.

ERG shall provide results of laboratory analyses in accordance with standard reference methods. No further interpretation, examination, or characterization of the data shall be provided by ERG to CLIENT or third parties except as may be separately agreed to in writing by ERG. ERG will not provide expert witness testimony under this agreement except as required by an operation of law.

COMPENSATION-FIXED PRICE: ERG agrees to accomplish the Statement of

Work in Attachment A for a Fixed Price of _______. If the Fixed Price is greater than $20,000 and the TERM stated above longer than 2 months, ERG will invoice, no more often than monthly, for proportional incremental payments of the fixed price at 25%, 50%, 75%, and 100% completion.

COMPENSATION-FIXED UNIT PRICE: ERG agrees to accomplish the specific tests or tasks described in Attachment A for the individual Fixed Unit Prices also stated in Attachment A. CLIENT establishes a ceiling for this Contract of $____________ (optional at CLIENT’s choice). ERG will invoice CLIENT on a monthly basis for the tests/tasks accomplished during the month.

COMPENSATION-TIME & MATERIALS: ERG agrees to perform the Statement of Work at the hourly rates and non-labor handling charge stated in

Attachment A up to the ceiling of $____________. ERG will invoice no more often than monthly for charges incurred during that period.

INVOICING AND PAYMENT: ERG shall forward an invoice covering all sums payable to ERG as specified in the Compensation of this Contract. Invoices shall be prepared in duplicate and submitted to CLIENT at the following address: ______________________________________

CLIENT agrees to pay ERG’s invoices within 30 days of receipt. ERG reserves the right to suspend work if CLIENT fails to pay any invoices within the time specified.

GOVERNMENT PROPERTY: CLIENT understands that, if U.S. Government

Property is to be utilized in performing the tests or other laboratory services in Attachment A, work may not commence until the required U.S.

Government approvals are received by ERG.

LIMITATION OF ERG’S LIABILITY: The parties agree, as an allocation of the risks hereunder, that in no event will ERG’s liability of every kind to CLIENT exceed the dollar amount of this Contract for all such liabilities combined.

ERG shall not be liable to CLIENT or to any third parties for indirect or consequential damages, including reliance on ERG’s work products, providing that the Statement of Work in Attachment A has been satisfactorily fulfilled.

LIMITED WARRANTY: ERG warrants for a period ninety (90) days after completion of the work that it will perform the work in substantial conformity with reasonable and customary ERG standard laboratory practices/methods prevailing at the time unless: (1) the CLIENT directs a formal deviation in writing from those practices/methods that is agreed to by ERG; or (2) it is determined by ERG that certain deviations are reasonable in terms of safety, federal or state environmental regulations, or good laboratory practice, and ERG so informs the CLIENT

Of the reasons for such deviations and the perceived benefits before performing the work. ERG MAKES NO OTHER WARRANTIES, EXPRESS OR

IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED CONDITIONS OR

WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR

PURPOSE.

INCIDENTAL AND CONSEQUENTIAL DAMAGES: ERG shall not be liable to

CLIENT for any incidental, indirect, special, or consequential damages arising out of or related to the performance or non-performance of this

Contract.

PROPRIETARY INFORMATION: Any information which CLIENT labels as

“PROPRIETARY” or “CONFIDENTIAL” shall be treated with the same standard of care as ERG uses to protect its own proprietary information.

INSPECTION AND ACCEPTANCE: CLIENT shall have thirty (30) days from the date of the completion of services and/or delivery of the deliverables under this Contract to inspect the services and/or deliverables to determine if they reasonable and conform to this

Contract. If CLIENT rightfully rejects any portion of the services and/or deliverable, such rejection shall be made in writing and shall set forth the reasons for rejection. Services and/or deliverables not rejected by

CLIENT, as described above, shall be deemed to be accepted by CLIENT.

GOVERNING LAW: This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

ATTORNEYS’ FEES: In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorneys' fees and costs.

SUBCONTRACTING: ERG shall not enter into subcontracts for any of the services or work contemplated under this contract without obtaining prior written approval of the Client. In no event shall the existence of any subcontract operate to release or reduce the liability of ERG to the

CLIENT for any breach in the performance of the ERG’s duties.

PAYROLL AND TAXES: ERG assumes full and sole responsibility for the payment of all wages, unemployment contributions, payroll taxes, use, sales, income or other form of taxes, fees and licenses.

LICENSING, ACCREDITATION, AND REGISTRATION: ERG shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements/standards, necessary for the performance of this contract.

NON-DISCRIMINATION: During performance of this Agreement, the parties shall comply with all federal, state and local nondiscrimination laws, regulations and policies, including but not limited to, Title VI of the

Civil Rights Act and all implementing regulations

ENTIRE AGREEMENT: This Contract is the exclusive statement of the agreement of the parties with respect to its subject matter and supersedes all prior agreements, negotiations, representations, proposals, and awards, written or oral, relating to its subject matter. No addition to or modification of a provision of the Contract shall be binding upon the parties unless made in writing and signed by the parties.

The parties hereto have executed this Contract to be effective the date beginning the Contract Term, mentioned above.

CLIENT EASTERN RESEARCH GROUP, INC.

Signature Signature

_____________________________________________ ____Vice President________________________

Title Title

_____________________________________________ _____June 26, 2026_________________________ Date Date